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HomeMy Public PortalAbout2007_05_08 COUNCIL MEETING May 8, 2007 Council Chambers, 25 West Market Street, 7:30 p.m. Mayor Umstattd presiding. Council members Present: Kelly Burk, Kathryn Sheldon Hammier, Susan Horne, Ken Reid, Kevin Wright, and Mayor Kristen Umstattd. Councilmembers Absent: Council Member Martinez Staff Present: Town Manager John Wells, Town Attorney Barbara Beach, Assistant to the Town Manager Nicole Ard, Assistant to the Town Manager Kathy Leidich, Director of Engineering and Public Works Tom Mason, Police Lieutenant Vanessa Gribsby, Management Specialist Tami Watkins and Clerk of Council Judy Ahalt. AGENDA ITEMS A. Invocation by Vice Mayor Horne B. Salute to the Flag was led by Council Member Reid C. Roll Call showing Council Member Martinez absent. D. Minutes None E. Presentations a. Proclamation - Travel & Tourism; America's front door week On a motion by Council Member Hammier, seconded by Vice Mayor Horne, the following proclamation was presented to Loudoun County Visitor's Association staff Grafton Debutts and Cheryl Kilday on a 6-0-1 vote: PROCLAMA TION TRA VEL & TOURISM; AMERICA'S FRONT DOOR WEEK Mav 12 - Mav 20, 2007 WHEREAS, the tourism industry is vital to the economic stability and growth of the Town of Leesburg; and WHEREAS, travel and tourism is a $16.5 billion industry in the Commonwealth of Virginia, and a $703 billion industry in the U.S.; and WHERAS, each Leesburg household receives more than $700 annually in combined Town and County tax relief as a result of visitor spending; and WHEREAS, the tourism industry contributes substantially to the Leesburg community's cultural and social well being by way of the attractions, special events, arts, shopping and dining opportunities; and WHEREAS, we strive to maintain Leesburg's lead as a tourist destination for visitors from around the globe. THEREFORE, the Mayor and Council of the Town of Leesburg in Virginia hereby proclaim the week of May 12 through May 20 in the Year 2007 as "Travel & Town Council Minutes for Regular Meeting of May 8. 2007 Page 2 Tourism; America's Front Door" week in the Town of Leesburg and urge the citizens to support our local tourism industry businesses. PROCLAIMED this 8th day of May 2007. b. Proclamation - Business Appreciation Week On a motion by Vice Mayor Horne, seconded by Council Member Burk, the following proclamation was presented to Robin Suomi with the Small Business Development Center and Tony Howard with the Loudoun County Chamber of Commerce by a 6-0-1 vote. PROCLAMA TION BUSINESS APPRECIA TION WEEK May 13 - May 19. 2007 WHEREAS, the Town of Leesburg is home to a diversified community over 1,500 businesses; and WHEREAS, the Town actively supports its local business community and is working to make Leesburg a better place to start and grow a business; and WHEREAS, the Town's business community is committed to make a difference for the citizens of Leesburg; and WHEREAS, these businesses provide local services and revenues from which the entire local citizenry benefit; and WHEREAS, we recognize and appreciate that the local businesses have chosen to locate in the Town of Leesburg. THEREFORE, the Mayor and Council of the Town of Leesburg in Virginia hereby proclaim the week of May 13 through May 19 in the year 2007 as Business Appreciation Week in the Town of Leesburg, and by virtue of this proclamation, recognize our existing businesses, and give notice to our citizens that the businesses of Leesburg are exemplifying this year's theme of "The Foundation of American Busi ness." PROCLAIMED this 8th day of May 2007. c. Proclamation - Relay for Life On a motion by Council Member Wright, seconded by Council Member Reid, the following proclamation was approved on a 6-0-1 vote: PROCLAMA TION American Cancer Society's Relav for Life Mav 19 - 20. 2007 WHEREAS, in May 1985 Dr. Gordy Klatt, took the first step of his 24-hour walk/run around a track in Tacoma, Washington and raised $27,000 to support the American Cancer Society; and Town Council Minutes for Regular Meeting of May 8. 2007 Paqe 3 WHEREAS, the following year, 220 supporters on 19 teams joined Dr. Klatt in this overnight event, and the American Cancer Society Relay for Life was born; and WHEREAS, over the last 20 years, Relay for Life has spread to 3,800 communities in the United States and eight foreign countries; and WHEREAS, this event celebrates cancer survivors and their caretakers, honors those lost to cancer, raises community awareness about prevention and early detection and offers support to persons living with cancer; and WHEREAS, a local Relay for Life is being held on May 19-20, 2007 at Heritage High School in the Town of Leesburg. THEREFORE, the Mayor and Council of the Town of Leesburg in Virginia hereby congratulate the organizers and participants of our local Relay for Life and urge the citizens of the Town of Leesburg to support the American Cancer Society. PROCLAIMED this 8th day of May 2007. d. Certificate of Appreciation - Care of Trees On a motion by Council Member Burk, seconded by Council Member Reid, a certificate of appreciation was presented to Care of Trees for their donation of the 2006 and 2007 Arbor Day Trees to the Town of Leesburg. Earl Hower stated the Town is very fortunate to have the Care of Trees partnering with and supporting the Tree Commission. He stated the last two years the Care of Trees has donated a Bald Cypress and a Sweet Gum tree for placement in Exeter and Kincaid Forest. e. Certificate of Appreciation - Bonnie Deahl On a motion by Council Member Burk and Vice Mayor Horne a certificate of appreciation was also presented to Bonnie Deahl for donation of the 2006 and 2007 Arbor Day Trees to the Town of Leesburg. Ms. Deahl thanked the Tree Commission and Town Council for this honor on behalf of the Care of Trees. f. Certificate of Appreciation - Emily Zatorski On a motion by Vice Mayor Horne, seconded by Council Member Reid, a certificate of appreciation was presented to Emily Zatorski for the exceptional leadership and community spirit she exhibited by establishing the Carriage Way Kids community service club which collected almost 50 bags of crayons, markers, stickers, coloring books and Play-Doh for children who visit the Loudoun Community Free Clinic. F. Petitioners The petitioners section opened at 7: 50 p. m. Pete Linneman, 1306 Moore Place, addressed Council regarding a Comcast utility box that has been placed in his front yard. He stated he is talking to Comcast about relocation of the utility box which is 4'6"tall. He added residents received no prior notice the boxes would be placed in their yard. Town Council Minutes for Regular Meeting of May 8. 2007 Page 4 Mayor Umstattd stated in the mid-90's these boxes were only allowed in back yards. She asked that Comcast notify residents these boxes would be placed in their yard. Barbara Beach stated our new charter provisions have zoning powers to do with design throughout the Town. She stated most of those easements were granted to the developer and the Town has no control. Further, she stated as of July 1 the Town would be able to talk about above ground appearance. We could choose to not permit above ground boxes or to require screening. Council Member Wright stated this is a severe problem and asked Comcast to voluntarily agree to no more installations. Tami Watkins stated there are dozens of these boxes throughout the Town. Also, they emit a noise which will have to be dealt with through the Zoning Department. Vice Mayor Horne suggested revisiting the location of the boxes generally. Council Member Hammier asked that this issue be placed on the next work session agenda for further discussion. Marie Schuler with Comcast stated 15 boxes have been installed. These larger boxes are required to contain all of the extra equipment needed to provide digital and internet service. Further, the host box must sit close to the transformer. She stated the pole is required by the Virginia Power. Council further discussed the options of placement of utility boxes. Ms. Beach stated the Town does not approve utility easements. She added Comcast uses different options in other areas. Phil Marshall, 614 Marshall Drive, addressed Council with concerns about the number of people living in single family dwellings, adding these situations create traffic issues; basements are being subdivided with three generations living in dwellings. He asked how do citizens manage this problem. Mayor Umstattd stated that after legislation is approved on July 1, the Town will be able to assess fines. Also, the Town is looking at other localities to see how they are handling similar issues. John Drury, 621 Beauregard Drive, addressed Council concerning a road rage incident on Lawson Road near the bridge which resulted in calling the police. He further expressed his concern about the continued operation of a non-conforming bridge crossing on Lawson Road and asked that it be closed. Earl Hower. 111 Plaza Street NE, recognized Bonnie Deahl with the Care of Trees who is his counterpart on the Purcellville Tree Commission. He stated on April 24 representatives from towns, counties and cities met in Charlottesville and Leesburg was recognized as the oldest Tree City USA in Virginia. The public comment ended at 8:29 p.m. G. Public Hearing None Town Council Minutes for Reoular Meeting of May 8. 2007 Page 5 H. Legislation ORDINANCES None CONSENT AGENDA I On a motion by Vice Mayor Horne, seconded by Council Member Burk, the following consent motion was proposed: 2007-78 RESOLUTION Accepting the public improvements, releasing the performance guarantee and approving a maintenance guarantee for public improvements at Rosebrook Subdivision 2007-79 RESOLUTION Accepting the public improvements, releasing the performance guarantees, and approving maintenance guarantees for Potomac Station Sections 2AB and 2AB-1 2007-80 RESOLUTION Approving a supplemental appropriation of $1,085 resulting from donations to the Thomas Balch Library in memory of Mr. Warren Pershing Weitman 2007-81 RESOLUTION Donation of out of service police vehicles to the Town of Middletown, Virginia for the purpose of continued police use 2007-82 RESOLUTION Approving a design change order for the Ida Lee outdoor pool project 2007-83 RESOLUTION Requesting Northern Virginia Transportation Authority activates the Planning Coordination Advisory Committee and includes Towns in technical committees 2007-84 RESOLUTION To work with the Metropolitan Council of Governments (COG) to achieve the best market price for natural gas supply to be delivered to Town facilities and authorizing the Town Manager to execute the required contract to accomplish this goal The consent motion was approved by the following vote: Aye: Burk, Hammier, Horne, Reid, Wright and Mayor Umstattd Nay: None Vote: 6-0-1 (Martinez absent) REGULAR AGENDA None Town Council Minutes for Regular Meeting of May 8. 2007 Page 6 I. Boards and Commissions a. Airport Commission Vice Mayor Horne reported the Commission has changed their meeting date. She stated the Commission is working on their annual report to Council. b. Thomas Balch Library Commission Council Member Burk reported Balch Library held their second lecture series with over 100 people in attendance. c. Board of Architectural Review Council Member Reid reported the BAR is reviewing the design guidelines. d. Cable Television Advisory Commission No comment e. Commission on Public Art No comment f. Economic Development Commission No comment g. Environmental Advisory Commission Council Member Burk reported the Commission's report has been forwarded to Cou nci I. h. Information Technology Commission No comment i. Parks and Recreation Commission No comment j. Planning Commission No comment k. Tree Commission No comment I. Standing Residential Traffic Committee Council Member Reid reported the Committee recommends the pedestrian crossing signal be added back to Memorial Drive. J. Old Business a. Charter Review Commission This item will be delayed for two weeks. K. New Business a. On a motion by Council Member Wright, seconded by Council Member Burk, the following motion was proposed: 2007-85 RESOLUTION Directing staff to develop an ordinance to establish an Utility Rate Advisory Commission for the Town of Leesburg Town Council Minutes for Regular Meeting of May 8. 2007 Page 7 Council Member Hammier made a friendly amendment to change the name to Committee rather than Commission. Further she recommended no stipend to the committee. The Mayor asked what happens if we appoint a person who is in litigation with the Town on the water issue? The Town Attorney advised there should be no appointments of individuals in litigation with the Town. Council Member Reid asked that the wording, "comprised of nine members" be changed to no more than nine members". Mayor Umstattd suggested the nominees would be voted on as a whole. Barbara Beach stated she would bring back a draft ordinance for Council's review. The motion was approved by the following vote: Aye: Burk, Hammier, Horne, Reid, and Wright Nay: Mayor Umstattd Vote: 5-1-1 (Martinez absent) b. On a motion by Council Member Hammier, seconded by Councilmember Burk, the following motion was proposed: 2007-86 RESOLUTION Development of a Memorial Grove The motion was approved by the following vote: Aye: Burk, Hammier, Horne, Reid, Wright and Mayor Umstattd Nay: None Vote: 6-0-1 (Martinez absent) c. On a motion by Council Member Wright, seconded by Council Member Hammier, the following motion was proposed: 2007-87 RESOLUTION Endorsing a map of annexation and JLMA Expansion to be presented to the AADP Committee Council Member Hammier suggested an additional whereas to say the Town/County has agreed upon a LAMP area. The motion was approved by the following vote: Aye: Burk, Hammier, Horne, Reid, and Wright Nay: Mayor Umstattd Vote: 5-1-1 (Martinez absent) L. Council Comments Council Member Reid disclosed a phone conversation with Tom Sines about the Dulles/Greenway Battlefield Interchange issue. Town Council Minutes for Regular Meetino of May 8. 2007 Page 8 He reported attending the opening of the Carver Center in Purcellville. He expressed concern that staff at Wage Radio had been let go. Council Member Wright also expressed his concern with Wage Radio's decision. He reported meeting with the Leesburg Baptist Temple regarding a pending application they have. He also met with the contract purchaser for Festival Lakes and their attorney Sally Gillette. He stated there are now 10-11 members signed up for the Relay for Life and encouraged others to participate. He stated he is looking forward to the upcoming Polo Match. Further, he has concerns with the ongoing litigation involving the Town. Council Member Hammier stated her continual concern with pedestrian traffic on the Rt. 15 Bypass. She asked if there is a way to put a mechanism in place that would have a stop button to push for crossing the road. She stated she would appreciate the Planning Commission working with the County Planning Commission regarding the O'Connor Property. She reported attending the Paxton Open House and she hoped the Aurora School would be able to locate there. Also she received a call from the Loudoun Arts Council stating they are looking for a new home. Council Member Hammier congratulated everyone involved with the Catoctin Circle traffic calming improvements and the Lowenbach Traffic Circles. She let Council know the Loudoun County Economic Development Commission (LEDC) will meet on June 1 for a round table discussion with the Board of Supervisors and business leaders and her hope the Town would be able to do the same with their EDC. Vice Mavor Horne disclosed a meeting with Loudoun Baptist Temple regarding plans they have for expansion. Further, she met with the contract purchaser of Festival Lakes. Additionally she met with Chevy Chase Bank regarding some plans they have in Leesburg. She reported attending the Lowenbach ribbon cutting and was very pleased with the traffic circles. She stated she would like to pay a tribute to Chuck Jones for his vision on traffic and pedestrian movement through the Lowenbach Subdivision. She encouraged everyone to see what has been done at Capital Square in Richmond. Council Member Martinez joined the meeting at 9:08 p.m. He reported attending the Life Center Veterinary Clinic ribbon cutting. He too expressed disappointment of letting the WAGE employees go and wished them well. Council Member Burk stated the Teacher of the Year Award went to Barbara Schonberger. Town Council Minutes for Regular Meeting of May 8. 2007 Page 9 She reported attending the Paxton open house and stated there is much potential with the location. She reported attending the Oatlands Gala to support saving the barns. She commended the Mayor for the Journey Through Hallowed Ground Presentation. She stated the veterinary facility is an unbelievable addition to the Town. Council Member Burk stated the Loudoun County Board of Supervisors will be looking at the Crosstrail project and encouraged attendance to support a denial of the project. She reported a citizen complaint about the unsightly yellow bins that have been appearing around Town. John Wells stated the issue has been turned over to the Zoning Department. Councilmember Martinez stated the traffic circles are great. He disclosed meeting with Loudoun Baptist Temple representatives. He added volunteers are still needed for the Relay for Life on the 19th. He stated the Paxton facility is incredible and would be a good fit for a school. He stated he is glad the Virginia Tech students are home. M. Mayor's Comments Mayor Umstattd wished WAGE employees the best. She stated Tim Jon was an unbelievable news director and the station was a real part of the Town and County. She stated this will eliminate one of our strongest partners in National defense and a loss to the business community. Additionally, she will be making a complaint to the Federal Communications Commission. She disclosed meeting with Pastor Nicholls regarding expansion of the Loudoun Baptist Temple. She reported meeting with Sally Gillette and Gulick Company regarding the J.R. Festival Lakes site. She reported attending the Journey Through Hallowed Ground event along with Council Members Burk and Reid. She thanked John Now for presenting the Town with a Preserve America Recognition signed by First Lady Laura Bush. She commended children of First Mt. Olive Baptist Church for their achievements in their Oratorical Contest of which she had the privilege to be a judge. The Mayor stated she and Council Member Reid attended Stream Clean Up activities by the Carriage Way Kids. She reported the National Day of Prayer held at the County on May 3 was well organized and attended. She reported attending the Noldas ribbon cutting at the Rehau property. A Dutch company who analyzes how people interact with software. Town Council Minutes for Regular Meeting of May 8. 2007 Page 10 She reported attending the Veterinary Clinic opening stating they have the best doctors on the East Coast. N. Manager's Comments Mr. Wells reported the results of the RFP for Battlefield Parkway for Kincaid Boulevard to Route 7 indicate a savings of $5 million. Staff will work with VDOT to finalize the results and a notice to proceed will happen in August with a final completion date in October 2009. O. Adjournment On a motion by Council Member Martinez, seconded by Council Member Burk, the meeting adjourned at 9:21 p.m. ATTEST: ( 2007_ TCMIN0508